Uffalussy
v. St. Patrick Hospital [11/06/07] 2007 MTWCC 45 Where
three physicians expressed opinions that Petitioner’s cognitive
impairment was related to her 1997 industrial injury based on their
opinions that Petitioner’s head injuries, depression, and chronic
pain contributed to the collective cause of her cognitive impairment,
the burden of proof shifted to Respondent. Although Petitioner reported
to emergency room personnel that she “thinks” she hit the
back of her head at the time of the MVA, she reported no loss of consciousness,
no bumps or lacerations on her head were observed, and the physical
examination of Petitioner’s head revealed it to be “normocephalic,
atraumatic.” Therefore, Respondent failed to meet its burden of
proof.